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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Criminal Law for Pennsylvania on
Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a trash can its out on the curb for pick up can you take the trash or whatever is in it in pa. ?

I got charged with movable theft?

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

if an object is next to it the assumption is that it is there for anyone to take. However if trash is in a bag, the presumption is that the homeowner left it there with an expectation of privacy. That doesn't mean it's illegal.

In Pennsylvania the issue is whether you had intent...
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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Aggravated Assault with SBI - How many years incarcerated in PA if found guilty with a gravity score of 1?
Mark Aaron Hinrichs
Mark Aaron Hinrichs answered on Dec 29, 2021

There isn't enough information to even make a educated guess. Many different circumstances and factors will be considered (or should be) by the Court when fashioning a reasonable sentence. The Court will consider that this is not a guilty plea (as your question points out "found... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I need a pro Bono criminal defense lawyer or someone who takes payments?

I need a pro Bono lawyer asap please help me

Mark Aaron Hinrichs
Mark Aaron Hinrichs answered on Nov 21, 2021

You should apply for a public defender in your county or contact the bar association for an attorney that will accept reduced rates. Additionally, you will find that attorneys will sometimes accept payment plans depending on circumstances.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I was pulled over in PA with marijuana and paraphernalia. What charges am I facing?

I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... Read more »

Mark Aaron Hinrichs
Mark Aaron Hinrichs answered on Nov 21, 2021

Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: I live in Pennsylvania and my 16 year old son took a bb gun with him to school. Can he get charged.

Someone told the teachers that my son had a bb gun in his locker. Cops were called. Can my son be charged for having a bb gun on school property

Mark Aaron Hinrichs
Mark Aaron Hinrichs answered on Nov 21, 2021

Yes, a number of things can happen, including being charged with several crimes. i suggest you and your retain counsel immediately and do not speak with the police without an attorney.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If probation arrests you for a violation are they still required to read you your Miranda rights?
Steven Pacillio
Steven Pacillio answered on Nov 17, 2021

Contrary to popular belief, furthered by depictions in TV and movies, the police are not required to advise a person of his/her Miranda rights merely because they are being placed under arrest. In many cases, the arrested person is never advised of their Miranda rights and this is completely legal.... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What do I do if my husband is being blamed for a crime he didn't commit?
Steven Pacillio
Steven Pacillio answered on Nov 17, 2021

If your husband has been charged with committing crimes he needs to contact an experienced criminal defense attorney in the jurisdiction where the charges were filed. An experienced defense attorney can help evaluate the case and gather the necessary evidence to proceed to trial if your husband is... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Where can I find a good pro Bono lawyer?

My fiance is incarcerated for charges he didn't commit the other person did and he is being convicted on all charges I need help

Jason R Carpenter
Jason R Carpenter answered on Oct 25, 2021

Most local county bar associations have referral services that can help you with finding pro bono or low-cost legal services.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: In pa i was pulled over backing out of my driveway on to a one-way Street I didn't even make it a foot off my sidewalk

And they were on me. I have lived here for 5 years and I've never seen any cops. Pull anybody over for anything.

I never heard anyone anywhere getting pulled over for this is this a reason to get pulled over????

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Plead not guilty. You weren't driving on the roadway--you were manoevering your vehicle.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Juvenile Law for Pennsylvania on
Q: My 14 and 16 year old son's were jumped by a group of 8 kids do we need a lawyer
Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Let the criminal process take it's course. If your son was hurt and you have medical bills the Crime Victims Compensation Act may pay for them.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I write a concise statement?

The appeal trial was in the Court of Common Pleas in Montgomery County, PA, held on Sep. 9, 2021. The arresting officer was excused from the trial. He was supposed to be there according to the ADA, but I found out he would not be there midway through the trial. The judge would not continue the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

I think being limited in what you could ask witnesses is the bigger issue, though without the arresting officer not sure why you couldn't have moved for a nonsuit.

Note that you have to file a request for a transcript of the proceedings. You may be eligible for a free one if you meet...
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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Is there a way I can get legal advise if I can't afford or it's to late to hire a lawyer on criminal charges

Misdermeanor 3 charge

Parisa Sadrnia
Parisa Sadrnia answered on Oct 12, 2021

If you are unable to afford retaining an attorney, you may request a court-appointed attorney through the court you are facing charges at. While you do not get to choose your court-appointed attorney, it is better than having no legal representation in a criminal proceeding. Generally, there will... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and White Collar Crime for Pennsylvania on
Q: Me and my family got scammed out of 10k by a company that swears they're helping people purchase houses.

They found us "temporary" apartments, twice, and they swore that this money they took from us was going into a down payment for the house we purchase. I have ALL the emails and texts messages with the bull they put us through and all the lies they told. I don't have any of the phone... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

Contact the Attorney General's Office of Consumer Affairs. You would also have an action in fraud against the company.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My car was stolen&recovered 3 days later 5/19/21. I haven’t heard from anyone since, how do I get my car back? 9/25/21

I have called & left countless voicemails (since I can’t get in touch with the troops who recovered the car) and no return call or message from anyone. It’s going on 5 months since they’ve had the vehicle which is way too long. I am not sure who to get in contact with or what to do , any... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

You need to contact the complaints division for the State Police Barracks or whichever law enforcement agency recovered the vehicle.

2 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Are there any circumstances where a jail sentence may be changed or pardoned for serious medical issues
Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

you can ask for a pardon for any number of reasons, but it is very difficult and lengthy. There is no "automatic" pardon for a certain illness. As to getting a reduction in sentence I do not believe so. The best source would be the Pa. Civil Liberties Union prison rights project.

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1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Pennsylvania on
Q: Is “mutual combat” legal or even a legal grey area in Pennsylvania?

When I say “mutual combat” I mean mutually agreed upon fighting (without weapons), with set agreed upon rules, and witnesses with the intent of settling a dispute and not for any other malicious purposes.

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

You cant settle things by violence legally.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Can my ex girlfriend blackmailed me if I don’t send my truck over she’s also threatening to press charges against me

We have got into several fights there was one time the police were called in the report done but neither one of us called or had the police report done she went and signed a piece of paper stopping the investigation can she pursue any charges if she stop the investigation and didn’t follow... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

anyone can threaten anything. You should consult an attorney to discuss your potential exposure to having a complaint lodged against you--and note, she can still follow through on that even if you give her your truck.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son has a scheduled surgery tomorrow and he has an outstanding warrant from over 4 years ago. Will this come up tomor
Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

Not usually. Hospitals don't do warrant checks. They will ask for ID , possibly proof of vaccination. I would suggest he get an attorney to help straighten things out or at least avoid getting him arrested if he is stopped for some reason.

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